Why is mental harm not considered battery if it has a physical detrimental affect? Words physically strike the ear drum and can cause real psychological and physical harm... Is that too mere a touch? Why should one sense take precedent over another? I would love if someone could attempt to answer these questions for me.
Well it only takes a clever lawyer to successfully argue it in a court capable of setting precedent and a judge who agrees with the legal reasoning. I think that practically speaking your argument could lead to non-sense criminal claims. There is a good reason for making unlawful touching an offence. There would need to be a compelling reason making unlawful words an offence in the context of non-fatal offences. There are other laws that deal with unlawful words successfully so there might not be a need to bring this into the law of battery.
In a hypothetical situation, if Man-A hit Man-B based on Man-B having done something in the past and then provoked Man-A to attack Man-B causing a bruise on Man-B's chin, for example, can Man-A be charged for battery resulting in a criminal record?
This is a great video. Lord Goff's reasoning is just admirable. I like all his judgments I have come across.
Why is mental harm not considered battery if it has a physical detrimental affect?
Words physically strike the ear drum and can cause real psychological and physical harm... Is that too mere a touch?
Why should one sense take precedent over another?
I would love if someone could attempt to answer these questions for me.
Well it only takes a clever lawyer to successfully argue it in a court capable of setting precedent and a judge who agrees with the legal reasoning. I think that practically speaking your argument could lead to non-sense criminal claims. There is a good reason for making unlawful touching an offence. There would need to be a compelling reason making unlawful words an offence in the context of non-fatal offences. There are other laws that deal with unlawful words successfully so there might not be a need to bring this into the law of battery.
for assault do you not apply rules on causation? For what offence do you apply legal rules on causation thanks.
It was so much helpful sir thanks very much indeed
Thanks a lot sir
In a hypothetical situation, if Man-A hit Man-B based on Man-B having done something in the past and then provoked Man-A to attack Man-B causing a bruise on Man-B's chin, for example, can Man-A be charged for battery resulting in a criminal record?
Provocation needs an element of sudden effect
Loss of self control is an updated defence which needs not be a sudden
Much thanks to u